Bill Text: TX SB871 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the continuation and functions of the Texas State Board of Plumbing Examiners; requiring an occupational license; authorizing a fee.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2021-03-11 - Referred to Natural Resources & Economic Development [SB871 Detail]

Download: Texas-2021-SB871-Introduced.html

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87R7358 JCG-D
By: Nichols, Buckingham S.B. No. 871

A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas State Board
of Plumbing Examiners; requiring an occupational license;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1301.002, Occupations Code, is amended
by amending Subdivisions (2), (3), (4), (6), (9), and (10) and
adding Subdivision (7-a) to read as follows:
(2) "Drain cleaning" [cleaner"] means [a person who]:
(A) installing [has completed at least 4,000
hours working under the supervision of a responsible master plumber
as a drain cleaner-restricted registrant;
[(B) has fulfilled the requirements of and is
registered with the board; and
[(C) installs] cleanouts and removing [removes]
and resetting [resets] p-traps to eliminate obstructions in
building drains and sewers under the supervision of a [responsible]
master plumber; or
(B) clearing[.
[(3) "Drain cleaner-restricted registrant" means a
person who:
[(A) has worked as a plumber's apprentice under
the supervision of a responsible master plumber;
[(B) has fulfilled the requirements of and is
registered with the board; and
[(C) clears] obstructions in sewer and drain
lines through any code-approved existing opening under the
supervision of a [responsible] master plumber.
(4) "Journeyman plumber" means a person licensed under
this chapter who:
(A) has met the qualifications for registration
as a plumber's apprentice or for licensing as a tradesman
plumber-limited license holder;
(B) has completed at least 8,000 hours working
under the supervision of a [responsible] master plumber;
(C) installs, changes, repairs, services, or
renovates plumbing or supervises any of those activities under the
supervision of a [responsible] master plumber;
(D) has passed the required examination; and
(E) has fulfilled the other requirements of the
board.
(6) "Plumber's apprentice" means a person other than a
master plumber, journeyman plumber, or tradesman plumber-limited
license holder who:
(A) [,] as the person's principal occupation,
learns about and assists in the installation of plumbing, including
drain cleaning and residential utilities installation;
(B) has fulfilled the requirements of and is
registered by the board;[,] and
(C) works under the supervision of a
[responsible] master plumber [and the direct supervision of a
licensed plumber].
(7-a) "Plumbing contractor" means a person licensed as
a plumbing contractor under this chapter who:
(A) is a master plumber, or employs a master
plumber, for the purpose of offering and performing plumbing work
that will be performed or supervised by the master plumber;
(B) is authorized to obtain permits for plumbing
work;
(C) assumes responsibility for plumbing work
performed for compensation paid to the person; and
(D) has submitted a certificate of insurance as
required by Section 1301.3576.
(9) "Residential utilities installation"
["Residential utilities installer"] means constructing and
installing [a person who:
[(A) has completed at least 2,000 hours working
under the supervision of a master plumber as a plumber's
apprentice;
[(B) has fulfilled the requirements of and is
registered with the board; and
[(C) constructs and installs] yard water service
piping for one-family or two-family dwellings and building sewers
under the supervision of a [responsible] master plumber.
(10) "Tradesman plumber-limited license holder" means
a person who:
(A) has completed at least 4,000 hours working
under the direct supervision of a journeyman or master plumber as a
plumber's apprentice;
(B) has passed the required examination;
(C) constructs and installs plumbing for
one-family or two-family dwellings under the supervision of a
[responsible] master plumber; and
(D) has fulfilled the other requirements of the
board.
SECTION 2. Section 1301.003, Occupations Code, is amended
to read as follows:
Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State
Board of Plumbing Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2027 [2019].
SECTION 3. Section 1301.151(a), Occupations Code, is
amended to read as follows:
(a) The Texas State Board of Plumbing Examiners consists of
nine members appointed by the governor with the advice and consent
of the senate as follows:
(1) one member who has at least 10 years' practical
experience and is licensed as a master plumber;
(2) one member who has at least five years' practical
experience and is licensed as a journeyman plumber;
(3) one member who has at least five years' practical
experience and is licensed as a plumbing inspector;
(4) one member who is [has been] a plumbing contractor
[responsible master plumber for at least five years with at least 10
years' experience as a licensed journeyman plumber or master
plumber];
(5) one member who is a licensed engineer practicing
in the field of plumbing engineering;
(6) two members who are building contractors with at
least five years' contracting experience, one of whom is
principally engaged in home building and one of whom is principally
engaged in commercial building; [and]
(7) one member who is a licensed plumber; and
(8) one member [two members] who represents
[represent] the public.
SECTION 4. The heading to Section 1301.152, Occupations
Code, is amended to read as follows:
Sec. 1301.152. ELIGIBILITY OF PUBLIC MEMBER [MEMBERS].
SECTION 5. The heading to Section 1301.202, Occupations
Code, is amended to read as follows:
Sec. 1301.202. CERTAIN PLUMBING EXAMINERS [EXAMINER].
SECTION 6. Section 1301.202(a), Occupations Code, is
amended to read as follows:
(a) If an examination required for the issuance of a
license, endorsement, or certificate of registration under this
chapter contains a practical component, the [The] board shall
employ or contract with one or more plumbing examiners to
administer that portion of the examination. [A plumbing examiner
serves at the will of the board.] A plumbing examiner must:
(1) hold a license as a plumber issued under this
chapter; and
(2) be knowledgeable of this chapter and municipal
ordinances relating to plumbing[; and
[(3) be qualified by experience and training in
plumbing practice].
SECTION 7. Section 1301.203, Occupations Code, is amended
to read as follows:
Sec. 1301.203. FIELD REPRESENTATIVE; INSPECTIONS.
(a) The board shall [may] employ a field representative to assist
the board in enforcing this chapter and rules adopted under this
chapter. A field representative must[:
[(1) hold a license as a plumber under this chapter;
[(2)] be knowledgeable of this chapter and municipal
ordinances relating to plumbing[; and
[(3) be qualified by experience and training in
plumbing practice].
(b) A field representative may:
(1) conduct on-site license checks to determine
compliance with this chapter;
(2) investigate consumer complaints filed under
Section 1301.303;
(3) assist municipal plumbing inspectors in enforcing
this chapter; and
(4) [issue citations as provided by Section 1301.502;
and
[(5)] in the performance of the field representative's
other duties under this chapter, check the license, registration,
or endorsement of a person regulated by the Texas Department of
Licensing and Regulation in accordance with the memorandum of
understanding adopted under Section 1301.259 and report any
noncompliance to that agency.
(c) For an inspection or investigation that involves the
quality of plumbing work, including whether the plumbing work
complies with any applicable plumbing code requirements, the board
shall employ or contract with a person who holds a license as a
plumber under this chapter to conduct or assist in the inspection or
investigation.
SECTION 8. Section 1301.262, Occupations Code, is amended
to read as follows:
Sec. 1301.262. CODES [PLUMBING INSPECTOR CODE] OF CONDUCT.
(a) The board by rule shall establish a code of conduct for
licensed plumbing inspectors. The code of conduct shall require a
plumbing inspector to enforce this chapter and board rules in a
consistent manner across job sites.
(b) The board by rule may establish standards of conduct for
a holder of a license, endorsement, or certificate of registration
issued under this chapter.
SECTION 9. Subchapter E, Chapter 1301, Occupations Code, is
amended by adding Sections 1301.263 and 1301.264 to read as
follows:
Sec. 1301.263. EXAMINATION ADMINISTRATION AND CONTENT. (a)
The board shall recognize, prepare, administer, or arrange for the
administration of an examination required by this chapter.
(b) The board shall determine the minimum requirements and
passing score for an examination required by this chapter.
(c) If an examination required by this chapter contains a
practical component, the practical component must be administered
by a plumbing examiner as provided by Section 1301.202.
Sec. 1301.264. SUPERVISION RULES; RESPONSIBILITY FOR
PLUMBING WORK. (a) The board by rule shall:
(1) require that, for each task involved in plumbing,
a master plumber:
(A) perform the task; or
(B) provide general or direct supervision of a
less experienced plumber who performs the task;
(2) require that each plumber's apprentice and
tradesman plumber-limited license holder perform plumbing under
the direct or general supervision of a more experienced plumber;
(3) specify the plumbing tasks that a plumber's
apprentice or tradesman plumber-limited license holder must
perform under direct supervision and the plumbing tasks a plumber's
apprentice or tradesman plumber-limited license holder must
perform under general supervision;
(4) specify the amount of classroom training meeting
the requirements of Subsection (b), practical plumbing experience,
or a combination of that training and experience necessary to:
(A) exempt a plumber from the direct supervision
requirements under this section; and
(B) permit the plumber to perform the plumbing
under general supervision;
(5) require a plumber, other than a master plumber, to
document the plumber's:
(A) classroom training that meets the
requirements of Subsection (b); and
(B) practical plumbing experience; and
(6) require the plumbing contractor, and supervising
plumber, if any, to assume responsibility for plumbing performed,
including the quality of the plumbing and the supervision of less
experienced plumbers.
(b) Notwithstanding the minimum requirements for a
continuing education program or instructor established under this
chapter, the board by rule shall establish minimum requirements for
classroom training, other than a continuing education program under
this chapter, that, if successfully completed and documented by a
plumber, the board shall credit toward:
(1) the necessary classroom training required to:
(A) exempt the plumber from the direct
supervision requirements under this section; and
(B) permit the plumber to perform specified
plumbing tasks under general supervision;
(2) the continuing education required under this
chapter to renew a license, endorsement, or certificate of
registration, as applicable to the plumber; and
(3) the eligibility requirements for a license under
this chapter, as applicable to the plumber.
SECTION 10. Section 1301.302, Occupations Code, is amended
to read as follows:
Sec. 1301.302. CONTRACT INFORMATION; REQUIRED DOCUMENTS. A
written proposal, invoice, or contract relating to plumbing
services performed by or under the direction of a plumber licensed
under this chapter must contain the name and license number of the
plumbing contractor [responsible master plumber] and the name,
mailing address, and telephone number of the board. The person who
performed the services shall give the customer an invoice or
completed contract document on completion of the job, regardless of
whether the person charged a fee for performing the services.
SECTION 11. Sections 1301.351(a), (a-1), and (c),
Occupations Code, are amended to read as follows:
(a) A person[, other than a responsible master plumber,] may
not perform or offer to perform [engage in] plumbing for
compensation unless:
(1) the person holds:
(A) a plumbing contractor license; and
(B) the proper license, endorsement, or
certificate of registration[, or endorsement] required by this
chapter to perform or supervise the performance of plumbing; [and]
(2) the person:
(A) is employed by a plumbing contractor;
(B) performs or supervises the plumbing in the
scope of that employment; and
(C) holds the proper license, endorsement, or
certificate of registration required by this chapter; or
(3) the person offers to perform plumbing and
contracts with a plumbing contractor for the performance of the
plumbing [the person's work is supervised and controlled by a
person licensed under this chapter].
(a-1) A person may not act as a plumbing contractor
[responsible master plumber] unless the person holds the
appropriate license and meets the applicable requirements [for a
responsible master plumber] under this chapter.
(c) A plumbing contractor [license holder] who is
supervising and controlling [under Subsection (a)(2)] the work of a
person engaged in the business of plumbing in the construction of a
new one-family or two-family dwelling in an unincorporated area of
the state must have training and management responsibility for, and
shall review and inspect, the person's work. The plumbing
contractor [license holder] is not required to provide continuous
or uninterrupted on-the-job oversight of the person's work.
SECTION 12. Subchapter G, Chapter 1301, Occupations Code,
is amended by adding Section 1301.3515 to read as follows:
Sec. 1301.3515. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE ISSUANCE. (a) The board shall require that an applicant
for a license submit a complete and legible set of fingerprints, on
a form prescribed by the board, to the board or to the Department of
Public Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The board may not issue a license to a person who does
not comply with the requirement of Subsection (a).
(c) The board shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the board by the Department of
Public Safety, the Federal Bureau of Investigation, and any other
criminal justice agency under Chapter 411, Government Code.
(d) The board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
SECTION 13. Subchapter G, Chapter 1301, Occupations Code,
is amended by adding Section 1301.3542 to read as follows:
Sec. 1301.3542. CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR
TRADESMAN PLUMBER-LIMITED LICENSE; INSTRUCTORS. (a) The board may
credit an applicant who submits an application under Section
1301.354(b) with a number of hours determined by board rule against
the number of hours of work experience required to take an
examination under that section, if the applicant successfully
completes a coherent sequence of courses in the plumbing trade that
are offered through a career and technology education program in
accordance with Subchapter F, Chapter 29, Education Code.
(b) A student of any age enrolled in a high school is
eligible to take the sequence of courses described by Subsection
(a) without registering as a plumber's apprentice or paying any
registration fee. A person who is no longer enrolled in a high
school shall comply with the requirements of this chapter related
to the person's eligibility to apply for and take an examination for
a license issued under this chapter, including any registration or
fee requirements.
(c) The board shall develop the courses described by
Subsection (a). The courses must be approved by the State Board of
Education.
(d) The courses must include an appropriate number of hours
of classroom instruction and a practical component. The board may
credit on-the-job training toward meeting the requirements under
the practical component.
(e) A person may not provide instruction in a career and
technology education program described by this section unless the
person is licensed under this chapter as a master plumber,
journeyman plumber, or plumbing inspector.
(f) A person described by Subsection (e) may provide the
instruction in a full-time or part-time capacity as an employee,
contractor, or volunteer of a high school.
(g) The board may adopt rules necessary to implement this
section, including procedures to verify a student's successful
completion of the sequence of courses described by Subsection (a).
SECTION 14. Section 1301.3575, Occupations Code, is amended
to read as follows:
Sec. 1301.3575. REGISTRATION OF PLUMBER'S APPRENTICES
[CERTAIN PERSONS]. The board shall register a person who complies
with this chapter as a [drain cleaner, drain cleaner-restricted
registrant, residential utilities installer, or] plumber's
apprentice.
SECTION 15. Section 1301.3576, Occupations Code, is amended
to read as follows:
Sec. 1301.3576. CERTIFICATE OF INSURANCE [AND TRAINING] FOR
PLUMBING CONTRACTOR [RESPONSIBLE MASTER PLUMBER]. Before a
plumbing contractor offers or performs plumbing [master plumber
works as a responsible master plumber], the plumbing contractor
[master plumber] must[:
[(1)] provide the board with a certificate of
insurance that meets the requirements of Section 1301.552[; and
[(2) present evidence satisfactory to the board of
successful completion of a training program approved or
administered by the board regarding the laws and rules applicable
to the operation of a plumbing business in this state].
SECTION 16. Subchapter G, Chapter 1301, Occupations Code,
is amended by adding Sections 1301.3581 and 1301.360 to read as
follows:
Sec. 1301.3581. RECIPROCITY. (a) The board may issue a
license, endorsement, or certificate of registration under this
chapter for an applicant who holds a similar license, endorsement,
or certificate issued by another jurisdiction.
(b) An applicant under this section must:
(1) apply in the same manner and form as any other
applicant under this chapter; and
(2) provide the board with documents and other
evidence that substantiate the applicant's qualifications.
(c) An applicant for a license, endorsement, or certificate
of registration issued under this section may not be required to
undergo an examination to obtain the license, endorsement, or
certificate if the applicant has held an equivalent license,
endorsement, or certificate in another jurisdiction for at least
two years. The board may determine whether a license, endorsement,
or certificate issued by another jurisdiction is equivalent to a
license, endorsement, or certificate issued under this chapter.
Sec. 1301.360. TEMPORARY LICENSE. (a) The board by rule
may provide for the issuance of a temporary license, endorsement,
or certificate of registration to an applicant who:
(1) submits an application on a form prescribed by the
board;
(2) meets preliminary qualifications established by
board rule; and
(3) pays any required fees.
(b) A temporary license holder is subject to this chapter
and rules adopted under this chapter.
SECTION 17. Section 1301.401, Occupations Code, is amended
to read as follows:
Sec. 1301.401. [ANNUAL] RENEWAL REQUIRED. (a) A license
or certificate of registration under this chapter is valid for one
or two years as determined by board rule [year]. On payment of the
required fee, a license may be renewed [annually].
(b) The board by rule shall establish the requirements for
renewing a license, endorsement, or certificate of registration
under this chapter and may adopt a system under which licenses,
endorsements, and certificates of registration [registrations]
expire on various dates during the year.
(c) An endorsement issued under Section 1301.356,
1301.3565, or 1301.357 expires on the date the master plumber or
journeyman plumber license of the endorsement holder expires. Any
continuing education requirement established by rule and
applicable to an endorsement issued under this chapter must be
completed before the endorsement holder may renew the endorsement.
SECTION 18. Sections 1301.404(a), (c), and (d), Occupations
Code, are amended to read as follows:
(a) The board by rule shall establish:
(1) minimum curriculum standards for [recognize,
approve, and administer] continuing education programs and courses
for persons who hold a license [licenses] or endorsement issued
[endorsements] under this chapter; and
(2) minimum qualifications for an instructor of the
continuing education programs and courses described by Subdivision
(1).
(c) The board shall approve:
(1) a program or course that meets the minimum
curriculum standards established by the board under Subsection (a);
and
(2) an instructor who meets the minimum qualifications
established by the board under Subsection (a) [by rule shall adopt
the criteria for the continuing professional education].
(d) A person may receive credit for participating in a
continuing professional education program or course only if the
program or course is approved by the [provided:
[(1) by an individual, business, or association
approved by the board; and
[(2) according to criteria adopted by the] board.
SECTION 19. Section 1301.405, Occupations Code, is amended
to read as follows:
Sec. 1301.405. [MANDATORY] TRAINING FOR PLUMBER'S
APPRENTICE [DRAIN CLEANER, DRAIN CLEANER-RESTRICTED REGISTRANT,
AND RESIDENTIAL UTILITIES INSTALLER]. The board by rule may
establish continuing education requirements for persons [(a) To
renew the certificate of registration, a person] who hold [holds] a
certificate of registration under this chapter as a plumber's
apprentice [drain cleaner, drain cleaner-restricted registrant, or
residential utilities installer must annually complete at least six
hours of approved training that includes training in health and
safety requirements, board-approved plumbing codes, and water
conservation].
[(b) A person may receive credit for participating in a
training program only if the program is provided:
[(1) by a person approved by the board; and
[(2) according to criteria adopted by the board.
[(c) The board by rule may exempt certain persons from the
requirements of this section if the board determines that the
exemption is in the public interest.]
SECTION 20. The heading to Subchapter I, Chapter 1301,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. DISCIPLINARY ACTION [PROCEDURES]
SECTION 21. Section 1301.452, Occupations Code, is amended
to read as follows:
Sec. 1301.452. GROUNDS FOR DISCIPLINARY ACTION. [(a)] A
person is subject to disciplinary action under Section 1301.451 if
the person violates this chapter, an order issued by the board, or a
board rule. A violation of this chapter includes:
(1) attempting to obtain or obtaining a license,
endorsement, or registration through [error or] fraud;
(2) wilfully, negligently, or arbitrarily violating a
municipal rule or ordinance that regulates sanitation, drainage, or
plumbing;
(3) making a misrepresentation of services provided or
to be provided;
(4) making a false promise with the intent to induce a
person to contract for a service; [or]
(5) employing a person who does not hold a license or
endorsement or who is not registered to engage in an activity for
which a license, endorsement, or certificate of registration is
required under this chapter;
(6) performing plumbing without holding the proper
license, endorsement, or certificate of registration required by
this chapter;
(7) offering to perform or performing plumbing for
compensation without:
(A) holding a plumbing contractor license;
(B) being employed by a plumbing contractor and
acting in the scope of that employment; or
(C) contracting with a plumbing contractor to
perform the offered plumbing;
(8) performing plumbing in violation of a plumbing
code adopted under Section 1301.255; or
(9) failing to supervise plumbing as required by this
chapter or board rule.
[(b) Retesting procedures may be used to determine whether
grounds exist for suspension or revocation of a license,
endorsement, or registration due to incompetence or a wilful
violation by a person licensed under this chapter.]
SECTION 22. Section 1301.502(a), Occupations Code, is
amended to read as follows:
(a) A [field representative,] water district plumbing
inspector[,] or, within the jurisdiction of the municipality,
municipal plumbing inspector may issue a citation to a person who
engages in conduct described by Section 1301.508.
SECTION 23. Section 1301.551(g), Occupations Code, is
amended to read as follows:
(g) A [responsible master plumber,] plumbing contractor[,]
or other person who is required to obtain a permit under this
section is not required to pay a plumbing registration fee or
administrative fee in a municipality or any other political
subdivision.
SECTION 24. Section 1301.552, Occupations Code, is amended
to read as follows:
Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT
IN POLITICAL SUBDIVISION. A political subdivision that requires a
plumbing contractor [responsible master plumber] or an agent of a
plumbing contractor [responsible master plumber] to obtain a permit
before performing plumbing in the political subdivision shall
verify through the board's Internet website, or by contacting the
board by telephone, that the plumbing contractor [responsible
master plumber] has on file with the board a certificate of
insurance. The certificate of insurance must:
(1) be written by an insurer authorized to engage in
the business of insurance in this state or an eligible surplus lines
insurer under Chapter 981[, as defined by Section 981.002],
Insurance Code;
(2) provide for commercial general liability
insurance for the plumbing contractor [responsible master plumber]
for a claim for property damage or bodily injury, regardless of
whether the claim arises from negligence or on a contract; and
(3) provide coverage of not less than $300,000 for all
claims arising in a one-year period.
SECTION 25. Section 372.0035(h), Health and Safety Code, is
amended to read as follows:
(h) Within [A field representative of the Texas State Board
of Plumbing Examiners or, within] the jurisdiction of a
municipality, a municipal plumbing inspector may issue a citation
to a person who violates this section.
SECTION 26. The following provisions of the Occupations
Code are repealed:
(1) Section 1301.002(9-a);
(2) Section 1301.351(a-2);
(3) Section 1301.356(c);
(4) Section 1301.3565(c);
(5) Section 1301.357(c);
(6) Section 1301.358; and
(7) Section 1301.502(b).
SECTION 27. Notwithstanding any other provision of this
Act:
(1) the authorization of a person holding a
designation on the effective date of this Act to act as a
responsible master plumber continues in effect until September 1,
2022;
(2) a person is not required to hold a plumbing
contractor license to perform or offer to perform plumbing for
compensation until September 1, 2022; and
(3) a person holding a designation to act as a
responsible master plumber on the effective date of this Act may
apply at no cost to the person for a plumbing contractor license
until September 1, 2022, and after September 1, 2022, if the person
applies for a plumbing contractor license, the person shall pay any
fee required by law for the plumbing contractor license.
SECTION 28. The changes in law made by this Act to the
qualifications of the members of the Texas State Board of Plumbing
Examiners do not affect the entitlement of a member serving on the
board immediately before the effective date of this Act to continue
to serve for the remainder of the member's term. As the terms of
board members expire, the governor shall appoint or reappoint a
member who has the qualifications required for a member under
Section 1301.151, Occupations Code, as amended by this Act.
SECTION 29. (a) Not later than:
(1) September 1, 2023, the Texas State Board of
Plumbing Examiners shall obtain criminal history record
information using a person's name, date of birth, and other
alphanumeric identifiers on each person who:
(A) on the effective date of this Act holds a
license issued under Chapter 1301, Occupations Code; and
(B) did not undergo a criminal history record
information check based on the person's name or fingerprints on
submission of the person's initial license application; and
(2) September 1, 2025, the Texas State Board of
Plumbing Examiners shall obtain criminal history record
information using a person's fingerprints on each person who:
(A) on the effective date of this Act holds a
license issued under Chapter 1301, Occupations Code; and
(B) did not undergo a criminal history record
information check based on the person's fingerprints on submission
of the person's initial license application.
(b) The Texas State Board of Plumbing Examiners may suspend
the license of a person who holds a license under Chapter 1301,
Occupations Code, who does not comply with a request by the board to
provide information or fingerprints, in a form and manner
prescribed by the board, that would enable the board to obtain
criminal history record information as required by this section.
SECTION 30. Notwithstanding Section 1301.003, Occupations
Code, it is the intent of the legislature in enacting this Act to
amend Chapter 1301, Occupations Code, as that chapter was continued
in existence by Executive Order No. GA-06.
SECTION 31. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.